Detailed answer — what typically happens under North Dakota law

When a person dies without a will (called dying “intestate”) in North Dakota, how assets pass depends first on how each asset is owned or titled. Some assets pass immediately to a co-owner or a named beneficiary outside probate. Other assets — including interests owned alone or as tenants in common — generally must go through probate and then distribute according to North Dakota’s intestacy rules.

1. Joint bank accounts

If a bank account is held jointly with rights of survivorship, the surviving joint owner typically becomes the sole owner automatically after the bank processes the death. The bank will usually require a certified copy of the death certificate and identification from the surviving owner before releasing funds. If the account is simply a joint account “for convenience” without survivorship language, the bank’s rules and the account agreement control whether funds pass immediately or become part of the deceased’s estate.

2. Payable-on-Death (POD) or Transfer-on-Death (TOD) designations

Accounts or securities with a POD/TOD or beneficiary designation pass directly to the named beneficiary outside probate. These beneficiary designations override intestacy and usually override a will. Always check the account paperwork for beneficiary designations.

3. Real property and types of co-ownership

How real estate transfers depends on the ownership form on the deed:

• Joint tenancy with right of survivorship: The surviving joint tenant(s) automatically receive the deceased person’s interest without probate.
• Tenancy in common: Each owner holds a separate share that does not automatically pass to the co-owner. The deceased owner’s share passes under intestacy rules if there is no will.
• Tenancy by the entirety: This form is limited to married couples in some states; if recognized and held by spouses, a surviving spouse generally takes title automatically.

4. What happens if there is no surviving joint owner and no beneficiary?

When there is no surviving joint owner and no beneficiary designation, the asset becomes part of the decedent’s probate estate. North Dakota’s intestacy laws determine who inherits — typically a spouse, children, parents, or other relatives depending on who survives the decedent. Probate may require a personal representative (executor) to be appointed and the estate administered under North Dakota law.

5. Practical bank and institution steps

Financial institutions set their own procedures. A bank may freeze an account when it learns of the death. If the surviving joint owner is on title or the account has a valid POD, the bank typically releases funds after documents (death certificate and ID) are produced. If the account is part of the probate estate, the bank will usually require a court order or letters testamentary/letters of administration before releasing funds.

6. Probate and North Dakota intestacy

Assets that do not transfer automatically and that do not have valid beneficiary designations generally pass through probate. North Dakota’s intestacy statutes establish priority and shares among relatives. Because intestacy rules can be complex (they look at surviving spouse, children, grandchildren, parents, siblings, and others), the identity and number of survivors determine how the estate divides.

7. Timing and estate debts

Even where property passes automatically to a co-owner or beneficiary, creditors may have a claim against the deceased person’s estate. Probate gives creditors notice and a process for resolving claims. If property passed outside probate, creditors might pursue recovery through other legal avenues depending on the situation.

Steps to take after someone dies (practical checklist)

1. Obtain multiple certified copies of the death certificate from the funeral home or county.
2. Locate the decedent’s important papers: deeds, bank statements, account agreements, beneficiary forms, and any title documents that show how assets are owned.
3. Contact banks and institutions to learn their procedures for releasing funds or transferring title. Expect them to require a certified death certificate and identification.
4. Check each financial account for beneficiary designations (POD/TOD) or joint ownership language.
5. If property must go through probate, consider whether formal probate is needed or if a small estate summary process applies. North Dakota law may provide simplified procedures for small estates.
6. Consult a North Dakota probate or estate attorney if ownership is unclear, if there are disputes, or if the estate is large or has creditor issues.

When to consult a lawyer

Talk with a licensed North Dakota attorney if any of the following apply:

• Title or ownership of a bank account or deed is unclear.
• Multiple heirs or potential heirs dispute ownership or distribution.
• The estate has significant debts, taxes, or complex assets (business interests, retirement accounts, real estate in multiple states).
• You need help deciding whether to open a probate estate or pursue a small-estate procedure.

Helpful hints

• Look first at how an asset is titled. Title usually controls who gets it when someone dies.
• Beneficiary designations (POD/TOD, retirement plan beneficiaries, life insurance) typically avoid probate and override a will.
• Joint ownership with “right of survivorship” transfers automatically; “tenancy in common” does not.
• Gather certified death certificates early — institutions commonly require them.
• Do not assume a joint account means the money belongs entirely to the surviving joint owner; check the account agreement and state law if you suspect it was a convenience account.
• Even if property passes outside probate, creditors and taxes may still affect the estate. Address creditor claims promptly.
• If the situation seems simple (one bank account, small balance, and a clear surviving spouse), a small-estate process may be faster and cheaper than formal probate.